We got the productivity bug this Memorial Day weekend and updated and added a few new statutory construction payment forms to our library including forms the…
Nomos LLP
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What Construction Contractors Should Know About the California Government Claims Act
By Garret Murai
If you work on state or local public works projects in California you should have at least a basic understanding of the Government Claims Act formerly…
What You Need to Know About CARB’s In-Use Off-Road Diesel Regulations
By Garret Murai
In November 2022, the California Air Resources Board (CARB) approved amendments to . . . wait for it . . . its “In-Use Off-Road Diesel-Fueled Fleet”…
Courts Will Not Second-Guess Public Entities When it Comes to Design Immunity
By Garret Murai
It was a bizarre confluence of events. Jorgen Stufkosky was driving on SR-154 in Santa Ynez, California. Martha Aguayo was driving on the same highway ahead…
AAA Revises its Construction Industry Arbitration Rules and Mediation Procedures
By Garret Murai
This one is for the lawyers. Or for those of you who are claims-minded . . . Effective March 1, 2024, the American Arbitration Association (“AAA”)…
Government Claims Act Does Not Apply to Actions Solely Seeking Declaratory Relief and Not Monetary Relief
By Garret Murai
Perhaps it should come as no surprise, but public entities get special treatment under the law, and when filing a claim against a public entity, in…
Contractor Prevails in Part Against CalOSHA in Valley Fever Case
By Garret Murai
Fever. Specifically, Valley fever. Caused by the fungus Coccidioides. It lives in the top two to 12 inches of soil, can become airborne when the soil…
Homeowner Who Wins Case Against Swimming Pool Contractor Gets a Splash of Cold Water When it Comes to Attorneys’ Fees
By Garret Murai
Looking outside as of late it seems like the glorious, sun-drenched days of Summer are just a nostalgic memory of days long gone. So, to bring…
You Say Tomato, I Say Tomahto. But When it Comes to the CalOSHA Appeals Board, They Can Say it Any Way They Please
By Garret Murai
We lawyers do a fair amount of reading. Documents. Court decisions. Passive aggressive correspondence from opposing counsel. As well as statutes, regulations and administrative guidance. And…
Hirer Not Liable Under Privette Doctrine Where Hirer Had Knowledge of Condition, but not that Condition Posed a Concealed Hazard
By Garret Murai
The Privette doctrine, so-called because of a case of the same name, Privette v. Superior Court , 5 Cal.4th 698 (1993), provides a rebuttable presumption that…